Pueblo DA joins suit to snuff smoking ban

Publication Date: 2006-10-10

• Author:Kieran Nicholson
• Publication:Denver Post

Pueblo County District Attorney Bill Thiebaut is siding with plaintiffs in a federal lawsuit aimed at overturning the state smoking ban.

On Friday, Thiebaut, through his attorney, James Carleo, filed a motion asking for a summary judgment to end the ban, which started July 1, based on two arguments:

The law's exemption of casinos is counter to the state constitution because it grants "exclusive privilege" to them.

The marketplace is capable of meeting the needs of smokers and nonsmokers without resorting to "criminalizing otherwise legal social behavior."

The suit was brought by a coalition of bar and tavern owners and seeks to overturn the Colorado Clean Indoor Air Act. It was filed in U.S. District Court in Denver in June.